The AG's office says the oath was a condition of Roberts employment, but the statue does not impose a deadline for taking it. And since he took the oath and filed it with the Secretary of State's Office, it cured any defect or question about his entitlement to office.

"When I was appointed by the governor, I signed a contract with the governor, A new months later I signed an Oath of Office and as far as I'm concerned, check with the attorney ceneral and the governor's office. I have fulfilled everything I'm supposed to. That's all I can say about it," Roberts has said.

Michigan Gov. Rick Snyder's office issued the following in response to the filing:

"Roy Roberts had a signed contract when he began in May. Beyond that, we're confident that the Michigan Attorney General's legal research of the current statute, case law and court precedent ensures that every action Roy Roberts has taken is valid and enforceable. As additional background and historical information, most Emergency Managers have not signed oaths of office previously. Gov. Snyder has requested that change to ensure the best practice possible."

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